NOTE: The governor signed this measure on 4/24/2015.
HOUSE BILL 15-1149
BY REPRESENTATIVE(S) Hamner, Young, Rankin, Fields, Kagan,
Pabon, Rosenthal;
also SENATOR(S) Lambert, Grantham, Steadman, Crowder, Guzman,
Heath, Johnston, Newell, Todd.
Concerning the respondent parents' counsel, and, in connection
therewith, making and reducing appropriations.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 13-92-101, amend (3)
as follows:
13-92-101. Legislative declaration. (3) It is the intent of the
general assembly to establish a respondent parents' counsel
governing commission by July 1, 2015, and the office of the respondent
parents' counsel in the state judicial department, beginning January 1, 2016.
It is the further intent of the general assembly that all existing and new state
paid respondent parent counsel appointments be transferred on January
July 1, 2016, to the operational structure recommended in the final report
to the office of the state court administrator by the respondent parents'
counsel work group, due on or before September 30, 2014, and set forth
in section 13-92-103 (1) (b).
SECTION 2. In Colorado Revised Statutes, 13-92-102, add (1.5)
and (2.5) as follows:
13-92-102. Definitions. As used in this article, unless the context
otherwise requires:
(1.5) "Commission" means the respondent parents' counsel
governing commission established in section 13-92-103.
(2.5) "Director" means the director of the office of the
respondent parents' counsel.
SECTION 3. In Colorado Revised Statutes, amend 13-92-103 as
follows:
13-92-103. Respondent parents' counsel - commission - office -
duties - qualifications of director. (1) (a) On and after January 1, 2016,
the office of the respondent parents' counsel is created within the judicial
department. It is the responsibility of the office to work cooperatively with
local judicial districts and attorneys to form a partnership between those
entities and persons, parents, and the state for the purpose of ensuring the
provision of uniform, high-quality legal representation for parents involved
in judicial dependency and neglect proceedings in Colorado and who lack
the financial means to afford legal representation.
(b) As of July 1, 2016, all existing respondent parent
counsel appointments must be transferred to the office and, after
July 1, 2016, the office shall make all new respondent parent
counsel appointments.
(2) (a) The Colorado supreme court shall appoint a
nine-member respondent parents' counsel governing commission
on or before July 1, 2015. The membership of the commission must,
to the extent practicable, include persons from throughout the
state, persons with disabilities, and take into consideration race,
gender, and the ethnic diversity of the state. Appointments shall
be made as follows:
(I) No more than five members of the commission may be
from the same political party;
(II) The members must represent each of the congressional
districts in the state;
(III) At least six members must be attorneys admitted to
practice law in this state, three of whom have experience in
serving as a respondent parent counsel;
(IV) The remaining three members may be selected as
appropriate, but the supreme court is encouraged to appoint at
least one member who was a former respondent parent; and
(V) Commission members must not currently be under
contract with the office or employed by the state department of
human services, a county department of human or social services,
or be serving currently as a city or county attorney, judge,
magistrate, court-appointed special advocate, or guardian ad
litem.
(b) Commission members serve for terms of four years;
except that, of the members first appointed, five shall serve for
terms of two years. The supreme court shall fill any vacancies on
the commission for the remainder of any unexpired term.
(c) The supreme court shall establish procedures for the
operation of the commission.
(d) Commission members shall serve without compensation
but must be reimbursed for actual and reasonable expenses
incurred in the performance of their duties.
(e) Expenses incurred by the commission must be paid from
the general operating budget of the office of the respondent
parents' counsel.
(3) The commission has the following duties:
(a) On or before January 1, 2016, and as necessary
thereafter, to appoint, and discharge for cause, a person to serve
as the director of the office;
(b) To fill any vacancy in the directorship; and
(c) To work cooperatively with the director to provide
governance to the office, to provide fiscal oversight of the
general operating budget of the office, to participate in funding
decisions relating to the provision of respondent parent counsel,
and to assist with the duties of the office concerning respondent
parent counsel training, as needed.
(4) (a) The director must have at least five years of
experience as a licensed attorney prior to appointment, be
licensed to practice law in Colorado at the time of appointment,
and be familiar with the unique demands of representing
respondent parents in dependency and neglect cases in Colorado.
The director shall devote himself or herself full time to the
performance of his or her duties as director and shall not engage
in the private practice of law.
(b) The general assembly shall fix the director's
compensation, which may not be reduced during his or her
appointment.
SECTION 4. In Colorado Revised Statutes, 19-3-202, amend (1)
as follows:
19-3-202. Right to counsel and jury trial. (1) At the first
appearance of a respondent parent, guardian, or legal custodian, the court
shall fully advise the respondent of his or her legal rights, including the
right to a jury trial, the right to be represented by counsel at every stage of
the proceedings, and the right to seek the appointment of counsel through
the office of respondent parents' counsel established in section 13-92-103,
C.R.S., if the respondent is unable to financially secure counsel on his or
her own. The court shall fully explain to the respondent the informational
notice of rights and remedies for families prepared pursuant to section
19-3-212 and shall recommend that the respondent discuss such notice with
his or her counsel. Further, the court shall advise the respondent of the
minimum and maximum time frames for the dependency and neglect
process, including the minimum and maximum time frames for
adjudication, disposition, and termination of parental rights for a child who
is under six years of age at the time the petition is filed in a county
designated pursuant to section 19-1-123. Nothing in this section limits
the power of the court to appoint counsel prior to the filing of a
petition for good cause.
SECTION 5. Appropriation - adjustments to 2015 long bill.
(1) To implement this act, general fund appropriations made in the annual
general appropriation act for the 2015-16 state fiscal year to the judicial
department are increased by the following amounts:
Courts administration, administration and technology
General courts administration $64,211 (0.8 FTE)
Trial courts
Trial court programs $109,558 (2.3 FTE)
Court costs, jury costs, and
court-appointed counsel $4,986,663
(2) To implement this act, general fund appropriations made in the
annual general appropriation act for the 2015-16 state fiscal year to the
judicial department are decreased by the following amounts:
Office of the respondent parents' counsel
Personal services $479,386 (4.2 FTE)
Health, life, and dental $18,790
Short-term disability $868
S.B. 04-257 amortization equalization
disbursement $17,362
S.B. 06-235 supplemental amortization
equalization disbursement $16,770
Operating expenses $13,113
Case management system $215,625
Training $15,000
Court-appointed counsel $4,986,663
(3) To implement this act, the cash funds appropriation from
training fees made in the annual general appropriation act for the 2015-16
state fiscal year to the judicial department for use by the office of the
respondent parents' counsel for training is decreased by $15,000.
SECTION 6. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
________________________________________________________
Dickey Lee Hullinghorst Bill L. Cadman
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Marilyn Eddins Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO